CA Pub. Decisions

A modification decision.

A modification decision.

We hold that the employer in this case is not covered for an assault and battery by its employee under the â€

Defendant and appellant, Gary Glazier, appeals his conviction of first degree attempted burglary (Pen. Code, §§ 459, 664). [1] Glazier used a paint sprayer filled with gasoline and a 20-foot long torch to set fire to his neighbor's house while he remained on his own property. Glazier claims he should not have been convicted of attempted burglary under the burglary-by-instrument doctrine.
We disagree. As interpreted by case law, the limitations on the burglary-by-instrument doctrine have no application in this situation. Glazier's conduct fell within the parameters of the doctrine. Therefore, substantial evidence supports his attempted burglary conviction under the burglary-by-instrument doctrine. The judgment is affirmed.

On count 1, appellant Ronnie Eugene Bacon was convicted of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a) (section 11377(a)).[1] On count 2, he was convicted of furnishing or giving away a controlled substance (§ 11379, subd. (a) (section 11379(a)). He was sentenced to prison for three years on count 1, with a concurrent term of three years on count 2.

Appellants Kenton Koszdin and Gilbert Lipman (collectively â€

The City of Santa Monica, on behalf of the People of the State of California, filed this civil action against defendant Isaac Gabriel, a landlord, under Business and Professions Code section 17200 et seq. It alleged Gabriel sexually harassed a tenant, entered tenants' units without permission, and rented uninhabitable space as living quarters. After a trial to the court, Gabriel was enjoined from having direct contact with tenants for five years, assessed a civil penalty, and ordered to pay plaintiff's attorney fees. On appeal, Gabriel contends sexual harassment is not a business practice, the trial court erred in admitting evidence of past bad acts, and no authority supports the award of attorney fees.
Court reverse the attorney fees award but otherwise affirm.

Robert Quick, Jr., appeals the dismissal with prejudice of his petition for relief from breach of trust. We find the trial court improvidently sustained the trustee's demurrer to Quick's second amended petition for relief from breach of trust without leave to amend and reverse with directions to enter a new order overruling the demurrer.

A modification decision.

A modification decision.

Tom Munoz and Phillip Eichten filed a class action lawsuit against BCI Coca-Cola Bottling Company of Los Angeles (BCI), seeking damages and penalties for allegedly unpaid overtime wages, missed meal and rest period wages, and other Labor Code violations and unfair business practices. The proposed class consisted of production supervisors and merchandising supervisors who were allegedly misclassified by BCI as exempt employees. After mediation before a respected mediator, the parties agreed to settle the matter for $1.1 million. Notice of the proposed settlement elicited one objection. Two of the 188 class members opted out of the class and 142 submitted valid claim forms, so that the average net payment to each class member would be about $4,300. The trial court found the settlement fair and reasonable.
The objector, Greg (Tony) Greenwell, appeals. He argues the trial court abused its discretion in approving the settlement, principally because the parties did not provide the court with the information necessary to make a finding that the settlement was reasonable and fair. Court find no merit in Greenwell's contentions and affirm the trial court's order approving the settlement.

Appellant Amber Morgan (Morgan) filed a class action lawsuit against her former employer, respondent United Retail Incorporated (United Retail), for violation of Labor Code section 226.[1] On behalf of a class of current and former non-exempt employees, Morgan alleged that United Retail's wage statements failed to comply with section 226, subdivision (a) because they listed the total number of regular hours and the total number of overtime hours worked by the employee, but did not list the sum of the regular and overtime hours worked in a separate line. The trial court granted summary adjudication in favor of United Retail on the section 226 claim. We conclude that the trial court properly granted summary adjudication because United Retail's wage statements complied with the statutory requirements of section 226 by â€

A modification decision.

Appellant Matthew Donald Thompson (Thompson) is a white police officer who has been employed by the City of Monrovia Police Department (Department) since 1997. In 2008, he sued the Department for harassment and hostile work environment arising from offensive remarks and behavior directed at an African American colleague, retaliation for Thompson's reports of the misconduct, and failure to investigate his claims of harassment and retaliation. The trial court granted the Department's motion for summary judgment. Court affirm.